Anthony De Sa And ANR., v. Antonio Fernandes And 3 ORS.,

1 mcas418,419-18-08-06-18 Santosh IN THE HIGH COURT OF BOMBAY AT GOA MISC. CIVIL APPLICATION NO.418 OF 2018 IN PIL WRIT PETITION NO.10 OF 2013 WITH MISC. CIVIL APPLICATION NO.419 OF 2018 IN PIL WRIT PETITION NO.6 OF 2013 Desa Engineering Works, through its Partners.

..... Applicants.

V/s.

Voice of Villagers, through its Member & Authorised Rep.

...... Respondent.

Mr. S.S. Kantak, Senior Advocate with Mr. Preetam Talaulikar, Advocate for the Applicants in both the Applications. Ms. S. Pinto, Advocate for Respondent No.5.

Mr. Gaurang Panandikar, Advocate for the original Petitioner in PILWP No.6/2013.

Mr. Nigel Da Costa Frias, Advocate for the original Petitioner in PILWP No.10/2013.

Coram : N.M. Jamdar & Prithviraj K. Chavan, JJ.

Date : 8 June 2018.

P.C.:

By these Applications, the Applicants have sought extension of interim order of status quo for five weeks.

2 mcas418,419-18-08-06-18 2.

By an order dated 31 July 2017, in a Public Interest Litigation, a Division Bench of this Court had set aside the permissions granted in favour of the Applicants and had given six months' time to the Applicants to approach the Authority and the order of status quo was granted. Considering the earlier orders, we had extended the status quo by order dated 26 April 2018 for six weeks.

3.

Mr. S. S. Kantak, learned Senior Advocate for the Applicants has brought to our notice the order passed by the Apex Court on 18 May 2018. The Apex Court had granted liberty to the Applicants to approach the National Green Tribunal, and as far as interim order is concerned, had left it open to the Applicants to either approach this Court or the National Green Tribunal. We are informed that the National Green Tribunal has summer vacation till 2 July 2018. The Applicants, therefore, have approached this Court for extension of the interim order of status quo, which expires today. 4.

Considering the order passed by the Apex Court, and the fact that the National Green Tribunal will reopen after summer vacation on 2 July 2018, we extend the order of status quo granted earlier, till 5 July 2018.

3 mcas418,419-18-08-06-18 5.

The learned Senior Advocate states that for any further orders, the Applicants will apply to the National Green Tribunal and not to this Court.

This statement is accepted.

6.

The Civil Applications are accordingly disposed of. Prithviraj K. Chavan, J.

N.M. Jamdar, J.